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17.5.2013 Official
Journal
of
the
European
Union L
133/13
COMMISSION IMPLEMENTING REGULATION (EU) No 456/2013
of 16 May 2013
laying down transitional measures as regards milk import quotas under Regulation (EC) No
2535/2001, and beef import quotas under Regulations (EC) No 412/2008 and (EC) No 431/2008,
by reason of the accession of Croatia to the European Union
THE EUROPEAN COMMISSION,
intended for processing in the Union for a period
running every year from 1 July to 30 June of the
following year. According to Article 5(1) of Regulation
(EC) No 412/2008 applicants for import rights are to
Having regard to the Treaty of Accession of Croatia, and in
prove that they are approved as processing estab
particular Article 3(4) thereof,
lishments under Article 4 of Regulation (EC) No
853/2004 of the European Parliament and of the
Council of 29 April 2004 laying down specific hygiene
rules for food of animal origin ( 3 ) and that they have
Having regard to the Act of Accession of Croatia, and in
been active in production of processed products
particular Article 41 thereof,
containing beef during each of the two reference
periods referred to in Article 5 of Commission Regu
lation (EC) No 1301/2006 of 31 August 2006 laying
down common rules for the administration of import
tariff quotas for agricultural products managed by a
Whereas:
system of import licences ( 4 ). Concerning the first
condition, in order to be able to import in the period
from 1 July 2013 to 30 June 2014, applicants for import
rights from Croatia should prove that they are approved
(1)
In view of the accession of Croatia to the European
as processing establishments for export to the Union
Union as from 1 July 2013, it is necessary to provide
under Article 12 of Regulation (EC) No 854/2004 of
for transitional measures for certain import quotas in the
the European Parliament and of the Council of
milk and beef meat sectors, in order to allow importers
29 April 2004 laying down specific rules for the organi
from Croatia to participate in those quotas.
sation of official controls on products of animal origin
intended for human consumption ( 5 ). As regards the
requirement to prove past performance for the
purposes of applying for import rights under Regulation
(2)
Section 2 of Chapter I of Title 2 of Commission Regu
(EC) No 412/2008, production of processed products
lation (EC) No 2535/2001 of 14 December 2001 laying
containing beef in Croatia in 2011 and 2012, in
down detailed rules for applying Council Regulation (EC)
conformity with Croatian legislation, should cover that
No 1255/1999 as regards the import arrangements for
requirement.
milk and milk products and opening tariff quotas ( 1 )
provides that applicants for import licences are to be
approved in advance by the competent authority of the
Member State in which they are established. In order to
(4) Commission
Regulation
(EC)
No
431/2008
of
19
May
ensure, as from 1 January 2014, access for operators
2008 opening and providing for the administration of an
from Croatia to the import quotas under Chapter I of
import tariff quota for frozen meat of bovine animals
Title 2 and Section 2 of Chapter III of Title 2 of Regu
covered by CN code 0202 and products covered by
lation (EC) No 2535/2001, those operators should be
CN code 0206 29 91 ( 6 ) opened an annual import tariff
allowed to submit the request and the necessary proof
quota of 53 000 tonnes of frozen beef for a period
for approval only before 1 October 2013 instead of
running every year from 1 July to 30 June of the
before 1 April 2013. The authorities of Croatia should
following year. As regards the quota period from
inform the applicants of the outcome of the approval
1 July 2013 to 30 June 2014, it should be specified
procedure before 1 November 2013, instead of before
that the proof to be presented by operators from
1 May 2013, and send the relevant lists of approved
Croatia for the application for import rights should not
importers to the Commission before 15 November
relate to imports carried out from Member States.
2013, instead of before 20 May 2013.
(5) The
measures
provided
for
in
this
Regulation
are
in
(3) Commission
Regulation
(EC)
No
412/2008
of
8
May
accordance with the opinion of the Management
2008 opening and providing for the administration of
Committee for the Common Organisation of Agricultural
an import tariff quota for frozen beef intended for
Markets,
processing ( 2 ) opened an annual import tariff quota of
63 703 tonnes bone-in equivalent of frozen beef
( 3 ) OJ L 139, 30.4.2004, p. 55.
( 4 ) OJ L 238, 1.9.2006, p. 13.
( 1 ) OJ L 341, 22.12.2001, p. 29.
( 5 ) OJ L 139, 30.4.2004, p. 206.
( 2 ) OJ L 125, 9.5.2008, p. 7.
( 6 ) OJ L 130, 20.5.2008, p. 3.

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L 133/14
EN
Official Journal of the European Union
17.5.2013
HAS ADOPTED THIS REGULATION:
the period from 1 January to 30 June 2014, in accordance with
Articles 11 to 14 of Regulation (EC) No 2535/2001.
Article 1
Article 2
Transitional measures concerning Regulation (EC) No
2535/2001
Transitional measures concerning Regulation (EC) No
412/2008
1. By
way
of
derogation
from
Article
8
of
Regulation
(EC)
No 2535/2001, for imports in the period from 1 January to
By way of derogation from Article 5 of Regulation (EC) No
30 June 2014 under the quotas referred to in Chapter I of Title
412/2008, as regards the import tariff quota period from
2 and Section 2 of Chapter III of Title 2 of that Regulation,
1 July 2013 to 30 June 2014, the applicants for import
approval shall be granted to applicants who, before 1 October
rights from Croatia shall prove that they are approved as
2013, submit a request to the competent authorities of Croatia
processing establishments to export to the Union under
where they are established and in which they are registered for
Article 12 of Regulation (EC) No 854/2004 and shall demon
VAT purposes, accompanied by proof that during both 2011
strate to the competent authorities of Croatia that they have
and 2012 they imported into or exported from Croatia at least
been active in production of processed products containing
25 tonnes of milk products covered by Chapter 04 of the
beef, in conformity with Croatian legislation, during each of
Combined Nomenclature.
the two reference periods referred to in Article 5 of Regulation
(EC) No 1301/2006.
2. For the purposes of application of paragraph 1, inward-
and outward-processing transactions shall not be considered as
Article 3
imports and exports.
Transitional measures concerning Regulation (EC) No
431/2008
3. By
way
of
derogation
from
Article
9
of
Regulation
(EC)
By way of derogation from Article 4(1) of Regulation (EC) No
No 2535/2001, the competent authority of Croatia shall, before
431/2008, for the quota period starting on 1 July 2013,
1 November 2013, inform the applicants of the outcome of the
applicants for import rights from Croatia shall demonstrate to
approval procedure and their approval number where appli
the competent authorities of Croatia that a quantity of beef
cable. The approval shall be valid until 30 June 2014.
falling under CN codes 0201, 0202, 0206
10
95 or
0206 29 91 has been imported by them or on their behalf
under the relevant Croatian customs provisions during the
4. By way of derogation from Article 10(1) of Regulation
period from 1 May 2012 to 30 April 2013, excluding
(EC) No 2535/2001, the competent authority of Croatia shall,
however import from Member States. That quantity shall
before 15 November 2013, send its lists of approved importers,
constitute the reference quantity.
in accordance with paragraph 3 of that Article, to the
Commission, which shall forward them to the competent auth
orities of the other Member States.
Article 4
Entry into force
Only importers included on a list shall be authorised to apply
This Regulation shall enter into force subject to and on the date
for licences from 20 to 30 November 2013, for imports during
of the entry into force of the Treaty of Accession of Croatia.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 May 2013.
For the Commission
The President
José Manuel BARROSO

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Document Outline

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